AG2002/6341, Transcript of Proceedings [2003] AIRCTrans 136 (14 January 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT1218

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2002/6341
AG2002/6342

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Applications under section 170LJ of the Act
by The Australian Workers' Union for certification
of The Australian Workers Union and Select Plant
Hire Certified Agreement 2002-2005 and The
Australian Workers Union and Select Plant Hire
Minor Civil Construction Agreement

MELBOURNE

10.17 AM, FRIDAY, 20 DECEMBER 2002

PN1

MR C. WINTER: I appear on behalf of the Australian Workers' Union.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Yes, Mr Winter.

PN3

MR WINTER: Thank you, your Honour. These agreements are made under 170LJ of the Act. There are in fact two agreements with the employer concerned, which is Select Plant Hire. They are a construction firm that perform work on subdivisions, VicRoads jobs, but also on major projects. One agreement is what we call a minor agreement, which basically covers VicRoads projects, subdivisions, and sites under $2 million. The other agreement is what we call our major construction agreement, and that covers sites above the $2 million mark.

PN4

The agreements were voted on on 19 November. The agreements do comply with all aspects of the Act, and do contain disputes procedures, operative dates, and have been lodged within the 21 day time limit. So unless your Honour has any questions in relation to the agreements I would seek certification from today's date.

PN5

THE SENIOR DEPUTY PRESIDENT: Do your records indicate the date upon which - yes, they were lodged?

PN6

MR WINTER: Lodged? They were - my files says that we lodged on 4.12.02. Both agreements were lodged on that same day. And they were voted on on 19 November.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. Can I, just for the record, note that it would appear that the Registry date stamp was wrongly set. The documents are all stamped as being received on 4 November.

PN8

MR WINTER: Right.

PN9

THE SENIOR DEPUTY PRESIDENT: The file cover, however, indicates that they were lodged on 4 December.

PN10

MR WINTER: Yes.

PN11

THE SENIOR DEPUTY PRESIDENT: So I just wish to make that clear for the record that I am prepared to accept that they were filed on 4 December, which is after the date on which they were approved.

PN12

MR WINTER: Yes.

PN13

THE SENIOR DEPUTY PRESIDENT: Otherwise we may have had some difficulties with certification. Otherwise, if there is nothing else, Mr Winter, I can indicate that I am satisfied on the basis of the material that has been filed and what has been said today that the agreements should be certified, and appropriate certifications will be issued in each case as soon as possible.

PN14

MR WINTER: Thank you, your Honour.

PN15

THE SENIOR DEPUTY PRESIDENT: And those two matters are adjourned on that basis.

ADJOURNED INDEFINITELY [10.20am]